What should be my response to this? NCO has been attempting to contact me concerning a GM card debt which dates from 1993 DOLA I have previously told them on the phone that: A) the debt appears to be beyond the collection SOL in NY State B) there is a question as to whether this debt belongs to me or to a deceased family member with the same name (different middle initial) I have not sent validation request yet I do not talk to them at home I do not talk to them at work They have been calling at work, 2 or 3 times a day for the past month but hang up immediately upon reaching my voicemail Today they called my mother's home, and asked about my whereabouts. She told them I work all hours and that she did not know when I would be home. They questioned her about the debt and she replied that she had no knowledge of it. The caller then proceded to state he was with the "XXXXXX" Police Department, and that they were "going to arrest me". They wanted to know when they could send a police officer to my mother's house to talk about this debt. This upset my elderly mother terribly. The caller never announced his name / badge number. A call to the county DA's office revealed that there is no police complaint filed (Why would there be for a civil matter??? !!!). When I arrived home I immediately called NCO and demanded to speak to a supervisor. They offered to settle the debt for half of what was originally owed If I would do a check by phone transaction. I spoke to a supervisor a told her the caller from her company committed the crime of impersonating a police officer and I intend to follow up tomorrow at the DA's office. My question is has NCO also violated any provisions of the FDCA?
Probably several, but the first one (besides impersonating an officer and threatening an action they can't carry out) is that they discussed the matter with a third party. That is definitely illegal--they are not allowed to discuss your debts with anyone else. I wouldn't settle for a dime with these creeps. Do a search here and you'll find a lot of good information, but personally I think it's lawsuit time. But don't call them, because you can't document anything that way.
Find yourself a good consumer attorney and SUE THEM! I counted at least 3 violations in your post. Absolutely do not attempt to contact these idiots again. The situation will just become escalted and cause you too much stress.
In the mean time (while you are plotting your lawsuits) call the CRA's and inform them that this is beyond the New York SOL for reporting and have them remove the account. I had a similar issue and all it took was a gentle nudge and they removed them.
Yeah that GM account is a dinosaur. Put it into extiction for good. Send formal C&D letter to these creeps CMRRR. If for any reason it is showing up on your reports sue the heck out of them.
I'm not aware of a state SOL overriding the FCRA's 7 year reporting period. Is NY's SOL for collecting debts, or for reporting to the CRA's?
Call your police dept or sheriff's office and file a complaint/report with them too. It's always good to have a paper trail.
Re: Re: CA Impersonates Police Officer [QUOTE... Is NY's SOL for collecting debts, or for reporting to the CRA's? [/B][/QUOTE] The standard 7yr reporting applies to NY State debts. The SOL to commence a lawsuit to collect on a credit card contract is 6 years. 1993 DOLA puts this beyond the SOL for both
Thanks to all of you who responded. I am sending out a validation letter today by CMRRR. Let's just see how many violations they will rack up before I send a C&D letter !
Re: Re: CA Impersonates Police Officer Originally posted by Rawhide In the mean time (while you are plotting your lawsuits) call the CRA's and inform them that this is beyond the New York SOL for reporting and have them remove the account. I had a similar issue and all it took was a gentle nudge and they removed them. -------------------------------------------------------------------------------- I'm not aware of a state SOL overriding the FCRA's 7 year reporting period. Is NY's SOL for collecting debts, or for reporting to the CRA's? Jason =============================================== May I point out that 1993 plus 7 is not 2003? The END ************************* LB 59
